§ 44-23. Conditions for variances.

A. 

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided that the items in § 44-22D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

B. 

Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

(1) 

The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure; and

(2) 

The variance is the minimum necessary to preserve the historic character and design of the structure.

C. 

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

(1) 

The criteria of Subsections A, D, E, and F of this section are met; and

(2) 

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

D. 

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

E. 

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

F. 

Variances shall only be issued upon receiving written justification of:

(1) 

A showing of good and sufficient cause;

(2) 

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) 

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

G. 

Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation.